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NY M81502




March 27, 2006

CLA-2-61:RR:NC:TA:359 M81502

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Jennifer Caldwell
Golden Too, Inc.
1410 Broadway, 8th flr.
New York, NY 10018

RE: The tariff classification of a women’s knit garment from Korea. Replacement of Ruling Number M80642

Dear Ms. Caldwell:

This replaces Ruling Number M80642, dated March 7, 2006. In that letter, according to the components supplied with the garment, it was determined that the garment was not knit to shape in accordance with the requirements of statistical note 6 to Chapter61, Harmonized Tariff Schedule of the United States (HTSUS). You have now submitted modified components for the garment, which do meet the requirements of the note. A complete replacement ruling follows.

In your letter dated February 22, 2006, you requested a classification ruling.

You submitted a sample of a women’s knit pullover identified by style number 8635. The component pieces of the garment were also submitted. Your samples will be returned as you have requested.

Style 8635 is a woman’s knit pullover featuring cuffed short sleeves, and a boat neckline. The rib knit fabric, constructed of 70% rayon and 30% nylon measures more than 9 stitches per 2 centimeters counted in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, the stitch count is more than 9 but equal to or less than 18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed. The front panel has a self start bottom, self finished sides, full fashion marks at the armholes and is self finished at the scooped neckline. The back panel features a self start bottom, self finished sides and a self finished neckline. The sleeves have self start bottoms, self finished sides and full fashion marks at the tops of the sleeves. The capping component for the neckline is finished on all four sides. The garment is linked and looped together. All of the components are knit to shape and meet the requirements of statistical note 6 to chapter 61.

The applicable subheading for style 8635 will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 8635 falls within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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